Local Electoral Act 2001

Local elections and polls - Electoral rolls

49: Appeals to District Court in respect of roll

You could also call this:

"Challenging electoral roll decisions in the District Court"

Illustration for Local Electoral Act 2001

You can appeal to a District Court Judge if you are unhappy with a decision made by an electoral officer under section 48. You do this by lodging a notice of appeal at the District Court closest to the local authority's main office. The notice must be lodged within 7 days of receiving written notice of the decision. You must give a copy of the notice to the electoral officer before or after lodging it. The District Court will set a time and place for the appeal to be heard. The appeal will be heard as soon as possible and you will be told when and where it will happen. A District Court Judge will hear your appeal and make a decision. The Judge can order someone's name to be added to the roll if they are qualified, or removed if they are not.

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This page was last updated on 26 November 2025

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM94321.

Topics:

Government and voting > Elections

48: Objections to roll, or

"Objecting to someone on the electoral roll or adding your own name"

50: Closing of electoral roll, or

"What happens when the electoral roll is closed before an election"

Part 2Local elections and polls
Electoral rolls

49Appeals to District Court in respect of roll

Any person aggrieved by any decision of the electoral officer under section 48 may appeal to a District Court Judge against the decision.
The appeal may be brought by the appellant lodging a notice of appeal in the office of the District Court that is closest to the principal office of the local authority that appointed the electoral officer.
The notice of appeal must be lodged within 7 days after the date on which the appellant receives, under section 48(3)(b), written notice of the decision to which the appeal relates.
Either before or immediately after lodging the notice of appeal, the appellant must serve a copy of the notice of appeal on the electoral officer.
The District Court must fix a time and place for the hearing of the appeal.
The appeal must be heard as soon as practicable and the Registrar of the court must notify the appellant and the electoral officer of the time and place of hearing.
A District Court Judge must hear and determine the objection and may order—
the addition to the roll of the name of any person who possesses the necessary qualifications; and
the removal of the name of any person who does not.

Compare

1976 No 144 s 7GB